Table Of Contents:
- What is the UK Spouse Visa to Indefinite Leave to Remain
- Eligibility Requirements for Switching from the UK Spouse Visa to ILR
- Applying Spouse Visa ILR Process
- Final Thoughts
Indefinite leave to remain is a settlement status in the UK. Settlement means you can live, work, and study in the UK indefinitely. Continuous residence in the UK for a certain number of years is a key requirement for ILR. Usually, you must have lived in the UK for 5 years continuously before you become eligible to apply for ILR. UK spouse visa falls in the same visa category where the applicant has to have lived 5 years continuously in the UK.
What is the UK Spouse Visa to Indefinite Leave to Remain?
A UK spouse visa allows non-UK nationals to join their partner in the UK who is a British citizen or has settled status in the UK. A UK spouse visa allows you to stay for up to 30 months when applied from inside the UK and 33 months when applied from outside the UK initially.
Before your permission to stay expires, you can apply for an extension of another 30 months, provided you meet the eligibility criteria. Once you have lived in the UK on a UK spouse visa for 5 years continuously, you may be able to applying spouse visa ILR. After you hold ILR status for 12 months, you may be eligible to apply for British citizenship, which is the last status you can get in the UK.
However, if you are married to a British citizen, you can apply for British citizenship immediately after acquiring ILR status.
Eligibility Requirements for Switching from the UK Spouse Visa to ILR
Being legally in the UK on a UK spouse visa is the first requirement for switching to ILR. You must have lived lawfully in the UK for 5 years continuously. This is called the ‘continuous residence’ requirement. You must have been living together after the spouse visa renewal and intend to live together permanently after receiving ILR.
You may be able to applying spouse visa ILR if both:
- You have a spouse or partner visa
- Your partner is someone who is either a British citizen or has indefinite leave to remain
You need to meet the following criteria for switching to an ILR from a UK spouse visa:
1. Continuous Residence Requirement –
You must have lived in the UK for a period of 5 years on a UK spouse visa. You cannot count time spent on any other visa and also time spent as a fiancé, fiancée, or proposed civil partner. Further, you can not combine the time spent with two different partners. This means you cannot add time spent on any leave granted with a previous partner to the time on current leave for the purpose of accruing the relevant five years.
Unlike other visa routes, there is no 180-day absence rule for those switching from a spouse visa to ILR. However, excessive or lengthy absence may undermine your intention to live permanently in the UK and hence may hamper applying spouse visa ILR.
2. Financial Requirement –
You must prove that you meet the financial requirement. There are 3 ways to meet the financial requirements:
- Meeting the minimum income threshold
- Combining income and savings if income is less than the minimum income threshold
- Meeting the requirement through cash savings alone
Also, remember that the income and savings of you and your partner can be combined to meet the requirement. The minimum income threshold for those applying on or after 11 April 2024 is £29,000 per year. Minimum cash savings requirement is £16,000 if you are going to combine income and savings, and if you are going to meet the requirement through cash savings also you and your partner must also have combined savings of at least £88,500.
The above-mentioned amounts are inclusive of dependent children. If you applied for a UK spouse visa before 11 April 2024 and are now looking to apply for an extension, the minimum income threshold remains £18,600 per year and a cash savings requirement of at least £62,500. These amounts are exclusive of dependent children.
In certain circumstances, where your partner is a recipient of some state benefits, you don’t need to meet the minimum income requirement.
3. Accommodation Requirement –
You must prove that there will be adequate accommodation for you, your partner, and dependent children (if any). The place must be exclusively owned or occupied by the family without recourse to public funds. Any accommodation that is, or going to be, overcrowded, or alternatively, if it contravenes public health regulations, will be disregarded as adequate accommodation.
4. KOLL Requirement –
KOLL means meeting the English language and Life in the UK test requirements. Unless exempt, you must show your knowledge of English by passing an approved English language test to at least CEFR level B1 in speaking and listening, or if you have a degree taught or researched in English.
Applying spouse visa ILR also requires you to pass the ‘Life in the UK’ test. The test is required to check your knowledge of the UK’s history, culture, and daily life.
Applying Spouse Visa ILR Process
Applying spouse visa ILR process starts from meeting the eligibility requirements, followed by gathering the necessary documents. You need to fill out the correct form, pay the application fee, prove your identity and nationality, and then wait for the decision.
You can apply for ILR up to 28 days before you complete the 5-year continuous residence, and you must submit your application form before your current visa expires. You can follow the steps below for switching to ILR from a spouse visa.
1. Apply Online and Pay the Fee –
You must apply online. You need to use the Form SET (M). You need to visit the official website of gov.uk to start your online application process. You can start the process, save it in the middle, and complete it later.
The current fee for ILR as a spouse of a British citizen or someone with settled status is £3,029. You need to pay the same amount per dependent child.
2. Upload the Documents –
You need to upload the scanned copies of supporting documents that include:
- Any previous passports or travel documents you have held during your stay in the UK
- The passport or travel document of your spouse showing that they are present and settled in the UK
- Proof of cohabitation with your spouse
- Proof of your financial capability, such as bank statements and wage slips
- Proof of your knowledge of the English language and your pass certificate for the ‘Life in the UK’ test
- Evidence to prove the genuine reason for any absences from the UK, such as a letter from your employer
You may have to upload more documents depending on your circumstances.
3. Submit Your Biometric Information –
You must prove your identity. For this, you need to enroll your biometric information (your fingerprints and photograph) at a UKVCAS (UK Visa and Citizenship Application Service) service point in the UK.
You can also get your documents scanned here if you did not upload them online.
4. Wait for a Decision –
You should receive a decision within 6 months. You may continue living in the UK until you are provided with a decision, provided you submitted your application in time. If you want a faster decision, you can opt for ‘priority’ service for an additional £500 on top of the application fee to receive a decision within 5 working days.
Alternatively, you can also opt for ‘super priority’ service for an additional £1,000 on top of the application fee to receive a decision at the end of the next working day. You may also be requested to attend an interview.
5. Receive a Decision –
If the UKVI is satisfied with your application, you should be granted indefinite leave to remain or ILR. You can work, do business, study, use NHS and other public services, apply for public funds and pensions, etc.
Final Thoughts
Applying spouse visa ILR is a lengthy process. You must ensure you meet the eligibility requirements in full. Failure to do so may result in the refusal of your ILR application. You must gather the documents that will act as evidence to prove that you meet the eligibility requirements and your identity, nationality, relationship with your partner, etc. You should arrange the money to pay for the English language test (if required), the Life in the UK test, the application fee, and the biometric information enrollment fee. After all of this, if the UKVI asks for more information and evidence, you must provide it in time. If your situation changes when you are waiting for a decision, you must inform the UKVI about it.
For a smooth applying spouse visa ILR process, you should take an expert immigration agency’s services.
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